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A conveyor belt injury at a commercial bakery last year has resulted in a $140,000 fine from the Occupational Safety & Health Administration (OSHA) to a bakery. manufacture

According to reports, it was a simple task the resulted in an unnecessary injury. She was reportedly cleaning a conveyor belt and roller in December 2015 when her hand suddenly got caught between the belt and the roller and the machine began to pull her hand. She suffered numerous broken bones in her arm and hand, but thankfully did not have to endure an amputation.

A local OSHA office investigation revealed the company was in violation of the standard hazardous energy control guidelines. Specifically, the machine had not been turned off and locked out of its power source before starting the cleaning. But this wasn’t the worker’s failing. As it turned out, they had not been trained on how to do so.

The resulting injury and hazards were preventable.  Continue reading

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It wasn’t long ago that a worker in Leominster, about an hour west of Boston, lost his life in a tree-trimming accident after he reportedly fell out of a tree bucket. manwithsaw

According to news reports quoting police and fire investigators, the landscaping worker was employed by an out-of-town tree service that had been called in by the property owner, who called the company because he had a tree in danger of falling. He needed it to be taken down by professionals. Authorities said the worker had stripped the tree of all its branches and was cutting off the top of the tree when he fell some 50 feet to the ground. He suffered severe traumatic injuries and was transported to a local hospital, where he was pronounced dead.

It’s the kind of incident about which the Occupational Safety & Health Administration (OSHA) warns in its public safety guidelines on the tree care industry. The OSHA Hazard Bulletin on Tree Care Work details the many serious hazards in tree care work. Chief among those: Falls and falling objects. Continue reading

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According to a recent news report from WADT, a construction worker was installing insulation on a large building that was undergoing a complete renovation project when he fell two stories.  It seems the support beams under the floor on which he was standing collapsed.

constructionsite2A spokesperson from the local fire department said he fell the entire 20 feet when the floor under him gave way and he fell to the ground landing on the rubble below him.  He was seriously injured in the construction site fall.  Continue reading

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A utility worker in Plymouth suffered serious burns in an electrical injury while working at Myles Standish State Forest, according to The Boston Globe. Federal regulators with the Occupational Safety and Health Administration (OSHA) have reportedly launched an investigation and will be looking to see whether any work safety violations took place. phonepole

The 51-year-old worker reportedly was in a bucket truck and was just beginning his shift that morning when he apparently touched some live wires.

He was transported by helicopter to Boston’s Brigham and Women’s Hospital for treatment of severe burns on his hands. His clothes also were reportedly charred. He had sustained burned to his abdomen and chest as well, but his condition wasn’t immediately known. He reportedly had not lost consciousness, spoke with a paramedic and understood what had occurred.  Continue reading

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Supervisors are those promoted by companies and entrusted by businesses to ensure things run smoothly and workers are properly trained and safe. But when that does not happen, can those supervisors be held separately accountable?trucksontheroad

According to the recent ruling by the Missouri Supreme Court in Parr v. Breeden, the answer is: No. It all comes down to the trade-off workers made in the so-called “grand bargain” of workers’ compensation. In that deal, made many years ago when workers’ compensation laws were first written, involved workers forfeiting the right to sue employers – even when they were negligent – in exchange for expedient, no-fault benefits when they were hurt or killed on-the-job. But it’s not just the company that is shielded by this “exclusive remedy” provision. It is our co-workers too. Even supervisory co-workers.

In all except the most egregious of circumstances, individual co-workers and even supervisors aren’t going to be found individually liable for injuries suffered by a subordinate at work. It may still be worth exploring in some instances because, particularly on construction sites, who qualifies as a “co-worker” and who is a “supervisor” might not be exactly clear. It could come down to the contract drawn up by the various contractors and subcontractors involved. Continue reading

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Workers who suffer on-the-job injuries are generally and with few exceptions entitled to workers’ compensation benefits.constructionsite2

But these benefits will only cover a portion of lost wages and medical bills. In cases of fatal injuries, they may cover funeral expenses and support for immediate and financially-dependent family. They do not account for one’s pain and suffering or other non-economic damages. In most cases, the exclusive remedy provision prevents workers from suing their employer or co-workers for additional compensation except in the most egregious of circumstances.

There may be an opportunity in some situations to explore third-party litigation, but that is something that has to be considered carefully with your Boston workers’ compensation attorney. The question of who is an “employer” and who is a “co-worker” can get murky on job sites where there may be numerous entities and individuals present. The pre-arranged agreements made prior to the work accident could determine whether there is an opportunity to pursue third-party litigation.  Continue reading

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Small Business Trends takes a closer look at the top five most common workplace accidents and examines ways to prevent these accidents from occurring.  The data on what accidents are the most common came from a recently released report by Travelers Insurance Company.  It should come as no shock that a company that charges employers for workers’ compensation insurance coverage wants to do whatever it can to avoid paying out money in benefits as a way to maximize profits.

bulldozer-in-action-1548988As for the top five causes of workplace injuries across the county, the most common are injuries that involve material handling.  This can mean that a heavy object falls on a worker, injures his or her back or neck while carrying it, cutting and working on a sharp edge, and a whole host of other work-related accidents caused by material handling. Continue reading

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According to a recent news feature from The Boston Globe, a worker was just injured when he was badly burned in the Myles Standish State Forest in the Plymouth, Massachusetts area.  The worker, who is 51 years old, was in a bucket truck when the accident occurred.

mmftBzMThe United States Occupational Safety and Health Administration (OSHA) is conducting a formal and full investigation into the cause of this accident and to see if it could be prevented in the future.  What they have released so far is that the worker was in the bucket truck around nine in the morning when he came in close proximity to live electrical wires.  Continue reading

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According to a recent news report from Safe to Work, a second accident involving a piece of equipment known as integrated tool carrier, or IT carrier, has occurred within a relatively short period of time.  This incident occurred in March.  There two workers in the basket were working on excavation and removal of two large pipes running under the city sidewalk.

construction-krane-1429442-mThe lift was raised nearly as high as it could, and it would provide the workers access to the pipe labeled for removal.  However, after reaching its maximum height, the person in control decided to just tilt the basket upwards and diagonal to get the workers even closer to the pipe being removed.  Continue reading

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A recent news commentary from Fair Warning looks at how some workplace accidents could result in criminal charges and consequences.  As the article notes, when we typically think of crimes taking place in the workplace, we think of an employee being assaulted, a robbery at a gas station or even a bank, an employee accused of stealing something, and things along those lines.

workHowever, some workplace accidents can also be a crime. This is an instance when an employer knowingly disregards workplace safety regulations, and it results in a serious injury or death.  Under some circumstances when this happens, the United States Occupational Safety and Health Administration (OSHA) will investigate the situation and can levy fines.  In some more serious cases, the local police or an attorney general may decide to pursue criminal charges.  While it not an everyday occurrence, it certainly does happen from time to time. Continue reading

Contact Information
Boston Office
1 International Pl Unit 1810
Boston, MA 02110
Phone: (617) 777-7777Fax: (617) 722-9999
Taunton Office
60 Court St
Taunton, MA 02780
By Appointment Only
Quincy Office
308 Victory Rd
Quincy, MA 02171
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Worcester Office
43 Harvard St
Worcester, MA 01609
By Appointment Only
Disclaimer – The settlements above are only a sample of cases represented by our office. Each case is different and the amount of a potential resolution of your case will vary considerably depending on a substantial amount of factors. Some case results were worked in conjunction with partnering law firms.

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